JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus seeking direction particularly in the nature of a writ calling for the records pertaining to the impugned G.O (Rt) No.138, Higher Education (11) Department, dated 11.11.2020 on the file of the 4th respondent and quash the same.)

1. The brief facts which gave rise to filing of the writ petition are stated hereunder:

(i) The petitioner herein was appointed as Vice Chancellor in the fifth respondent University and he took charge of the post in April 2018. According to the petitioner, his academic credentials were par excellence along with his experience, having studied and researched in most reputed institutions in the world and worked in various premier institutions, as Professor. According to him, in his subject of specialization he had the maximum citations, the highest in the country in the last 50 years. He is a highly dedicated professor and has been passionate to achieve excellence in the field of his expertise and work.

(ii) In view of his extraordinary standing and reputation in the academic world, he had been hand-picked for the prestigious post in the 5th respondent Anna University as its Vice Chancellor and joined in the post in April 2018. After he took charge of the University, he introduced innovative initiatives, both in the academic sphere as well as in the administrative side with the singular objective to secure an Institute of Eminence (IoE) status for the University during his tenure. According to him, that if the University achieved the status of Eminence, it would have paved the way for enhanced funding, scholarships and increased impact in the field of research, teaching and innovation. His actions in propelling the University to the status of IoE was not to the liking of some people at the higher level.

(iii) According to him, being a stickler, he ensured strict administration resulting in disgruntlement and disaffection amongst some section of staff of the University. This gave rise to some motivated false complaints in some quarters and on the purported basis of the so called complaint, the Government issued notification vide G.O (Rt) No.138, Higher Education Department, dated 11.11.2020 appointing an Inquiry Officer to conduct inquiry against the petitioner into the complaints. The Government vide its order date 11.11.2020 appointed a Hon’ble retired Judge of this Court, Justice P.Kalaiyarasan as the Inquiry Officer and the appointment was stated to be in terms of the amended sub-section (4A) and (4B) of Section 11 of Anna University Act, 1978 as amended by Tamil Nadu University Laws (amendment & Repeal) Act, 2011. The G.O appointing the former Hon’ble Judge of this Court and the terms of reference delineated therein are extracted hereunder:

“ORDER:

The following complaints have been received in Government against Prof.M.K.Surappa, Vice-Chancellor, Anna University, Chennai.

i) Thiru.A.Suresh, Tiruchirappalli, in his representation dated 21.02.2020 sent to Chief Minister’s Special Cell, has changed that corruption is rampant in Anna University, with Professors appointing crores of rupees of Government funds and Thiru.Sakthinathan, Deputy Director (CCC), Anna University and Dr.Surappa, Vice-Chancellor, are involved in corruption to the tune of Rs.200 crores. He has also alleged that Thiru.Sakthinathan and Dr.Surappa have collected a sum total of nearly Rs.80 crores by taking bribes of Rs.13 lakh to 15 lakh per candidate for the recruitment of Temporary Teaching fellows of the constituent colleges and Anna University main campus.

ii) In a petition received from one Thiru.C.Varadharajan, he has stated that the examination office indulged in various scams and office Assistants Promotions have been give by using forged certificates and accepting illegal grafts.

iii) In another petition received from ‘Save Anna University’ by e-mail, it is alleged that Thiru Seladurai was appointed as Dir